Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1887-10-29
u,Rest of I,and pecis,ons.

Digest of Land Decisions.
Compiled by S. ". Snow, Land Attorney, Washington
Action on Final Proof.-Thero is no
authority for the commissioner Of the
general land office to review o final de.
cision of his predecessor, but the depart
ment, by virtue Of its supervisory au-
thority, may correct any error apparent
on the record. Sec'y to Com'r, July /,
1887, Gaze US VS. Bayne.
Homestead Entry - Communication
Proof-The cancellation of a commuta-
ton cash certificate terminates all right
under the original entry. On the re-
lection Of communication proof, with the
right to submit new proof. it may be
presented at any time within the Lifetime.
of the original entry. sec'y to Com'r,
July l, 1887, case of James H. Sheppard.
Practice.-Whe:ethe facts upon which
a motion tor new trial is based are known
to the complaining party while the local
office has Jurisdiction, such motions
should DO filed In that Office. 1t is not
sufficient for the applicant to state that
he did not know ofthe testimony in time
to produce it at tho trial it must ap-
pear that he could not have discovered
it by reasonable diligence. Sec'y to
Coln'r, July l, 1887, case Waldon W Nc
Clean.
Presumption - Citizenship. - Though
declaration Of intention to become a cit
izen is not made until after filing declar-
atory statement, such defect, in the alb
sence of intervening adverse claim, 10
cured by the subsequent declaration, and
the pre-emptive right of filing cannot be
again exercised by the settler. Sec'y to
Com'r July 7, 1887, case OF Sonstilie VI
Lowery.
Surveys Meandered Lake.-Under
the present department practice an order
will not be made for tho survey Of the
former bed of meandered lake. Sec'y
to Com'r, July IL, 1887, case of J. G. Hol-
land.
Homestead Speculative Contest.-A
settler who goes upon public land with
the intention of remaining just long
enough to secure title by colorado COM
pliance with the law, and then return to
his former home, where his family has
in the meantime resided and the greater
part of his personal property remained,
does not establish or maintain the resi-
denco required by the homestead law.
No rights are acquired by fraudulent and
speculative contests. Sec'y to Com'r,
July Is, 1887, case of Van Ostrum vs.
Young.
Observation-Disclosures ON tho admis-
sion that tho witness, if present, would
testify as alleged in the affidavit for con-
pliance, lsuch allegations should receive
due consideration as evidence in the
case. Sec'y to Com'r. July Is, 1887. case
of Taschi vs. Lester.
Homestead - New Proof. New final
proof may be submitted showing COM
pliance with tho law up to date when
the former proof was made, though com-
pliance subsequently thereto cannot, be
shown. it appearing that through no
fault of the claimant said proof did not
show all the material facts. Sec'y to
Com'r, July Is, 1887, case of Clara Nor
rison.
e-Emption - Death - DEVISED - On
the death Of a pre-c,nptor the entry may
be made in favor Il the heirs, and title
innure to them generally, tho depart
ment not undertaking to say who they
are. A pre-emptor cannot, by DEVICE,
defeat the right conferred by the statute
upon the heirs. A will executed in ar
ticulo morris, though unauthorized by
law, will not be presumed to have been
made with fraudulent intent. Sec'y to
Com'r, July Is, 1887, case Of Culmmins
VS. Burt.
Presumption Restrictions In the
enforcement Of the inhibitory provision
that denies the right of presumption to
one "who quits or abandons his resi-
dence on his own land to reside on the
public land in the same state or terri
tory" due consideration must be given
the presumption of good faith that at
tend the exercise of legal rights. Sec'y
to Com'r, July Is, 1887, case Murdoch Va
Higgason.
Practice-In the investigation of an
alleged fraudulent entry the commission
or of the general land Office may, in the
exercise of a sound discretion order q
second hearing. Soc'y to Com'r, July Is
1887, case of John Steenerson.
Practice-Attorney.-An enrolled at
torney, who aids or acts with a disbarred
attorney should be no longer recognized
as an attorney. Only such as are en-.
rolled cam. as attorneys, KAN inc the
records Of the local land offices. Com'r
to R. 4 r. Wakieney, Aug. l6, 1857, case
j.. N. Speer.
A. COOP ONE.-Mr. James Marsh, Of
Aten, Neb., after an experience Of fou,
years, in using and selling Chamber
lain's Pain-Balm: says: 1T is the best
and most reliable linament ever pro
duced." A fifty cent bottle of it vii
accomplish more Ill the treatment Of
rheumatism, lame back or severe
sprains, than five dollars invested in any
other way. A great many cases have
been cured by it, after being given w
as hopelessly incurable. It promptly
relieves the pain IN all cases. Sold by
e. 0. Maloney.